Aakib Ahmed vs State Of Uttarakhand And Others
2023 Latest Caselaw 2833 UK

     IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                 SPECIAL APPEAL NO. 330 OF 2023

                      22ND SEPTEMBER, 2023


Aakib Ahmed                              ......          Appellant


Versus


State of Uttarakhand and others          ......         Respondents


Counsel for the appellant     :   Ms. Prabha     Naithani,   learned
                                  counsel
Counsel for the respondents   :   Mr. B.S. Parihar, learned Standing
                                  Counsel for the State / respondent
                                  No. 1

                              :    Ms. Irum Zeba, learned counsel
                                  holding brief of Dr. Kartikey Hari
                                  Gupta,    learned    counsel   for
                                  respondent No. 2


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The present special appeal is directed against

the judgment dated 19.09.2023, passed by the learned

Single Judge, in Writ Petition (M/S) No. 2626 of 2023. By

the impugned judgment, the said writ petition preferred by

the appellant, has been dismissed.


2)           The appellant had preferred the said petition

primarily to seek a direction to the respondents to grant
                              2




two years' age relaxation to the petitioner in the upper age

limit for contesting the elections of student's union of

D.A.V.P.G. College, Dehradun.


3)          The case of the petitioner was that the elections

were not held for two years due to the COVID-19

pandemic.    During the said period, the petitioner crossed

the maximum age limit of 25 years.           The petitioner,

therefore, sought the relief for relaxation of the maximum

age of 25 years, so that he could contest the elections for

a post in the student's union of the aforesaid college.


4)          We have perused the impugned judgment, and

we do not find any reason to interfere with the same.

There is no vested right, which a person has, to contest an

election. If he has become overage due to the COVID-19

pandemic, that does not entitle him to seek relaxation of

age to contest elections of the student's union body.


5)          We, therefore, do not find any merit in this

special appeal.   The same is, accordingly, dismissed.




                                       __________________
                                       VIPIN SANGHI, C.J.


                                    ________________
                                    RAKESH THAPLIYAL, J.

Dt: 22ND SEPTEMBER, 2023 Negi